Void after 90 days....

[OUAndy1807]

When I order checks next time, can I get "Void after 90 days" on them? If I do, will banks still cash them after 90 days? I've had a large check out for like 4 months (like rent check large) and it hasn't been deposited yet and it's kind of ****ing me off.

[Mjcpr]

I would imagine you can get anything you want imprinted on your checks when you order them. I'm just not sure how effective those 'Void After XX Days' "rules" are.....one of our resident bankers will know, but I don't think that guarantees the check won't be cashed after the window passes.

[StoopTroup]

Stop paying them rent.

Tell them that evidently them don't need the money.

[soonerboomer93]

i'm sure frozen will be along to answer, after he wakes up

[Frozen Sooner]

UCC1 and UCC3 are the applicable laws governing checks.

The writer of a check has no defense if a check is cashed, whether it is presented before or after the date imprinted on the check. The reason for this is that the financial institution receives an electronic transmission from the clearing house that contains nothing but the account number and amount of the check-the date is not included-so that checks settle faster.

Stale-dating and post-dating have no meaning when it comes to presentment.

If the check is presented in the lobby of the bank and it is either post- or stale-dated, it is up to the institution's account agreement as to whether they pay the check or not.

Simply printing "void after 90 days" on a check has no legal force or enforceability.

More check law goodness:

Cashier's checks cannot actually be stop-paid. A legitimately drawn cashier's check must be paid by the institution upon which it is drawn. Forgeries of course do not.

Stop-paying a check just means that your institution won't pay the check for either 14 (verbal stop pay) or 180 (written stop pay) days. It does not mean that you're out of the woods. If you wrote a check for services or goods then stop pay it, the person that took the check can very easily just take the check to small claims court and get an immediate judgement.

[Frozen Sooner]

Basically, if you write me a check, it's none of your business how long I take to cash it. It's a negotiable instrument.

[Okla-homey]

Hey Froze,

Does that stuff in Article III of the UCC about checks becoming "overdue after ninety days" refer to a failure of the bank the the draft was drawn on to transfer the funds within 90 days of the check's date or what?


OS 3-304

a) An instrument payable on demand becomes overdue at the earliest of the following times:

(1) on the day after the day demand for payment is duly made;

(2) if the instrument is a check, ninety (90) days after its date; or

(3) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

[Frozen Sooner]

That's a good question...

:D



Me, I was just regurgitating what our attorney told us. :D

After reading the title quickly, it appears they are talking about the obligation of the bank of final settlement to make payment on the check after it is presented to them..

[Okla-homey]

That's a good question...

:D



Me, I was just regurgitating what our attorney told us. :D

Yep, what you said above makes sense, because a check is just bank draft and such a thing shouldn't "expire" per se, but I haven't taken "negotiable instruments" yet in law skool -- so that part from the Oklahoma statute (which was directly adopted from the UCC) about "overdue checks" threw me.

[Frozen Sooner]

Here's how I interpret after a quick reading and looking at the block directly underneath talking about payable over time instruments:

If the instrument is presented for payment and is not paid the next business day, it is overdue. If the instrument is not presented within 90 days and the drawer does not make it good, it is overdue. I think the title is talking about the duties of the drawer, not the payee.

And you're right, that section of the Oklahoma UCC is exactly the same as the standard UCC.

[Okla-homey]

Here's how I interpret after a quick reading and looking at the block directly underneath talking about payable over time instruments:

If the instrument is presented for payment and is not paid the next business day, it is overdue. If the instrument is not presented within 90 days and the drawer does not make it good, it is overdue. I think the title is talking about the duties of the drawer, not the payee.

And you're right, that section of the Oklahoma UCC is exactly the same as the standard UCC.

Makes sense. I'm quite new at all this, but I searched and couldn't find anything in the Oklahoma statutes/UCC Article III that seemed to support what OUAndy was asking about.

[Paperclip]

I do believe the drawee institution can return a check stale dated if it clears six months from being drawn. I worked back room at a bank and we did this all the time.

[Frozen Sooner]

The bank of final settlement can, so long as it is spelled out in their account agreement that they will. Otherwise the drawer might have a pretty good reason to bitch. Most banks do have it spelled out in their account agreement. This doesn't have anything to do with the check being old, per se, but more to do with a stop payment expiring after 180 days.

Checks are funny little buggers. I hear the statement that checks are contracts all the time, which they are not. I see "refer to maker" on checks a lot as well, and checks don't HAVE makers.

[Okla-homey]

I do believe the drawee institution can return a check stale dated if it clears six months from being drawn. I worked back room at a bank and we did this all the time.

Yep, there is something in there about the drawee institution having that perogative, but I bet that doesn't discharge the check writer's responsibility to make good on his obligation to the dumb arse who sat on the check so long.

[Mjcpr]

In short, I was right.

:D

[Okla-homey]

In short, I was right.

:D

It would appear so, however, you forgot "it depends".;)

[OUthunder]

The House (The Bank in this case) trumps your ace.

[GottaHavePride]

When I order checks next time, can I get "Void after 90 days" on them? If I do, will banks still cash them after 90 days? I've had a large check out for like 4 months (like rent check large) and it hasn't been deposited yet and it's kind of ****ing me off.PrideTrombone had a crazy yainch roomate at one time that waited like 4 months to deposit a rent check, and just happened to finally deposit the check right as he left for Vegas. ****ed him off royally.

[TheHumanAlphabet]

Then the note on those rebate checks are just to make people cash them in a timely manner?

[Rhino]

You people sure do use big words.

[Czar Soonerov]

In May of 1995, I suddenly found myself smack in the middle of a very unusual 'life experiment.' I deposited a junk mail check into my ATM and to my absolute astonishment, it cashed. (http://www.goodthink.com/writing/view_stories.cfm?id=11&page_id=1)

I read this a few months ago, he talks about the 7 or 11 rules of what must be printed on a check or something. It's a long read, but funny.

[Frozen Sooner]

Then the note on those rebate checks are just to make people cash them in a timely manner?

Basically.

Though if their bank refuses to pay it, are you really going to sue over $25?

[Okla-homey]

In May of 1995, I suddenly found myself smack in the middle of a very unusual 'life experiment.' I deposited a junk mail check into my ATM and to my absolute astonishment, it cashed. (http://www.goodthink.com/writing/view_stories.cfm?id=11&page_id=1)

I read this a few months ago, he talks about the 7 or 11 rules of what must be printed on a check or something. It's a long read, but funny.

We get those cheezy checks all the time from loan companies. They go right into the shredder because of if the trash d00d finds 'em, he can cash them too -- then all of a sudden we owe 15 or 25 large to some finance company.